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(영문) 대법원 2015.08.27 2015도8827
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below was just in finding the defendant guilty of violating the Act on the Control of Narcotics, Etc. due to the delivery of phiphones among the facts charged in the instant case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there is no violation of the principle of free evaluation of evidence against the logical

In addition, the argument that the judgment of the court below erred in violation of the principle of balance of crime or the principle of responsibility is the argument of unfair sentencing. However, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal on the ground of unfair sentencing is allowed. As such, in the case where the defendant was sentenced to a more minor punishment, the argument that the sentencing

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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